St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22

twenty lZOl days prior to the Time or SUCH
meeting. Said notice shall contain O descrip-
tion Of the lands by sections proposed to be in
Guided in such sub-drainage district and state
ment that the viewers report is filed with the
clerk; that plat and description Of the pro-
posed work is on file with said report, and that
at The time and place mentioned in said notice
The said report Of the viewers will be acted
upon by the board of drainage commissioners
at which time and place any person interested
may appear aud contest the report Of said
viewers upon any and all matters therein Affect
ing his interests.
SEC 23 1t shall be the duty Of the board of
drainage comm yoners of such drainage dis
trlct to meet at the time aud place mentioned
in said notice, and the clerk shall lay before
them the said report OF the viewers for their
consideration. They shall first ascertain 1t
proper notice has been given OF their meeting,
and II they so find they shall make such finding
III writing and cause the same to be entered in
the drainage record. II they find that such no.
tice has not been properly given they shall
adjourn to such time, as will give the
clerk opportunity to complete service OF notice
Of such meeting and The time to which the same
has been adjourned. After the board shall have
found that due notice OF The time and place of
their meeting has been given they shall proceed
to consider the report OF said viewers. Ii any
objections are made to the report OF the viewers
and any person or persons or corporation appear
tor the purpose of contesting said report the
board shall proceed to hear and determine the
same and for That purpose the board shall have
full power and authority to administer oaths, to
examine all witnesses produced and TO decide all
questions arising upon the consideration OF said
report and The objections made thereto by ary
person or persons interested and the board may
ad jouru from day to day until such hearing is
completed
SEC. 81 If upon the hearing it shall appear
that the report ought to be modified IN any par
ticular the board shall modify The same TO con-
form to the equities in the premises. TX after
hearing and determining all questions arising
thereupOn The board is OF the opinion that the
ub-drainage district petitioned for should be
organized they shall make an order confirming
the report of said viewers as made or as modi-
lied, if any modification has been made by the
board, and organizing the lands described in
said report into q sub-drainage district to be
known as Sub-Drainage District No. OF the
900. County Drainage District. which order
shall be entered in the drainage record. If
after such hearing the board is OF opinion that
such sub drainage district should not be organ
lied IL shall make an order dismissing the pro-
ceedings, which order shall be entered in The
drainage record.
SEC %. Any person or persons or corpora
uiou owning any real estate within such pro-
posed sub drainage district aggrieved thereby
may appeal to the district court of the proper
county from such order and upon such appeal
any or either OF the following matters may be
determined 1st Whether the assessment
made for the construction OF the proposed work
upon any tract of land is in proportion TO the
benefits to be derived therefrom ID The
amount Of damages allowed to any person or
persons or corporation. The party appealing
shall file with the clerk of the drainage district
an appeal bond in the sum of 1--WE hundred dol
lars $500 with at least two freehold sureJies to
will duly prosecute such appeal and pay all
costs that may be adjudged against him in the
district court. Provided; That such appeal and
appeal bond shall be filed with the CLERK OF such
drainage district within thirty 600 days after
such order of the board of drainage commission
ers is made and after the lapse OF thirty $50
days from the making of such order no appeal
can be taken. Upon any appeal beng taken the
clerk OF the said drainage district shall within
| twenty 600 days thereafter make u complete
transcript of the proceedings had before said
bOo mic Of sr7nf
appeal ana appeal bond and certify the same
together with a transcript of all papers filed in
his Office pertaining TO the organization of the
proposed sub-orainage district TO the clerk OF
the district court.
SEC. 26. Said appeal shall be placed upon the
court calendar and brought on for Trial in the
same manner and under the same rules as ap-
peais from justice court are placed upon the
calendar and brought on for trial and shall be
| tried and disposed of in the same manner as
other civil actions Provided: That the party
appealing may waive jury trial and the appeal
shall thereupon he tried by The court.
SEC. 81. If the decision. upon the trial Of
such appeal, shall be in favor of the appellant,
Judgment shall be rendered modifying or chang
ing said report so to fully protect the appel
ants rights III the premises, either as to assess
| ments or damages, and the drainage district
shall pay the costs OF The appeal; but II the de-
cision be against the appellant Judgment shall
be rendered Diminishing the appeal, and that the
appellant pay all costs thereof: either party to
such appeal To have the same right 30 appeal to
the supreme court as PARTIES Ill ordinary civil
actions.
SEC. %. The viewers shall receive as COM
pensation for their services three dollars (S3)
per day for the time actually engaged in per-
forming their duties under this act and the en-
gineer employed by said viewers shall receive
five dollars (S5l per day for his services. Such
compensation to be paid out Of the drainage
fund Of such sub district upon the order of the
board of drainage commissioners.
SEC. %. Upon making and filing the order
| confirming the report of the viewers and organ
| iziug such sub drainage district, the board of
| drainage commissioners shall have full power
and authority to cause to be constructed the
| drain or drains, ditch or ditches embankment
| or embankments specified in said report. and to
cause to be taken the lands shown by said re-
port to be necessary for the construction of the
drain or drains, ditch or bitches, embankmen5
| or embellishments therein SpecIned; and for that
purpose shall appoint three suitable persons re-
| siding in or near such sub-drainage district,
| supervisors thereof, who shall have full power
and authority to proceed with the construction
| OF all drains, bitches and entertainments specified
| in said report and to enter upon and take the
lands shown therein to be necessary for the con-
| struction of such drains bitches and embank-
mentS.
| SEC 30 1t shall be the duty of the supervis-
ors of such sub-draina2e district TO attend to
the letting of all contracts for the construction
| of the work specified in said report. and to eX-
| ercise a general care and supervision over the
| construction of the same, they shall have the
| general and oversight of all drains,
| bitches and embankments constructed in their
sub-drainage district under the provisions OF this
act, and shall perform such other duties as may
| be herein prescribed. They shall each take and
| file with the clerk of the drainage district an
| oath that they will faithfully perform the du-
| ties of supervisors of such sub-drainage dis
! trict, and failure to file such oath within ten
10) days after notice of their appointment shall
| be deemed a refusal to serve, and the vacancy
| shall be filed by another appointment.
SEC 81. The supervisors first appointed and
qualified saall hold their offices until the second
| annual meeting of the board of drainage COM
missioners appointing them, after their appoint
| mept, and until their successors are appointed
! and qualified.
SEC 81 At their annual meeting, to be held
| on the third Monday in October in each year
after the organization of sub-drainage district
or DISTRICTS within their drainage district, the
board OF drainage commissioners shall appoint
| three supervisors of each sub-drainaee district
| organized under this act within their drainage
district the term OF Office of the supervisors OF
| which has expired, such supervisors to have the
| same powers and duties and to be required to
| qualify in the same manner as the Supervisors
| first appointed for said ub-dra1nage district,
and to hold their offices for two years and until
their successors are appointed and allied; the
| board OF drainage commissioners may at
| any time remove any supervisor within their
! drainage district whom they are satisfied Is
| incompeteut or has been guilty of wilful neglect
| or misconduct in discharging the duties OF his
| Office, and in case of such removal shall 1mme-
| diately fill the vacancy. The supervisors OF
| sub-drainage districts shall receive as compen-
sation for their services two dollars tP2) per day
| for the time they are actually engaged in the
| performance OF their duties to be paid out OF
the drainage fund of their sub drainage district
| on the order Of the board OF drainage commits
| Sioners.
| SEC 49, As soon as practicable after any SUBJ
| drainage district has been organized and work
ordered done therein, and the supervisors there
| OF have been appointed and have qualified, the
supervisors of such sub-drainage district shall
| proceed with the construction of such work
| which shalt be done under contract to be let to
| the lowest responsible bidder or bidders there
for. Before letting such contract they shall adj
| vertise for bids at least two weeks in some
newspaper of general circulation in the county
wherein such work is to be done, and if the es-
timated cost OF such work is five thousand dol